LAID INHERITANCE: CHALLENGES AND LEGAL AND SOCIAL CONSEQUENCES

Abstract

Unique situation, Inheritance refers to a legal situation in which a person dies without leaving a will or known direct heirs. In this case, your assets are in a “jacency” state, meaning they do not have a clear owner. Because of this, there is much debate about how the effects of the sharing of assets occur, as well as the characterization of the heirs, since they are not identified or do not indicate interest. Given the context presented, the present study aimed to identify the main challenges and legal and social consequences of the existing inheritance. We sought to analyze the legal processes of Succession Law, present the conditions for configuring an heir and subsequently observe the characterization of the existing heirs. In the methodological field, a bibliographical review was carried out, based on scientific articles, books, periodicals, jurisprudence and current legislation on the respective topic. Data collection was carried out through databases such as Scielo, Google Scholar, among others, from 2018 to 2023. The results showed that the existing inheritance has the nature of real estate, even if it is characterized as a universality of assets; it is temporal, that is, it has a start and end date; Having instituted the declaration of vacancy, the assets are under the responsibility of the Municipality, Federal District or Union. Their integration, however, will only occur after a period of 5 years from the beginning of the succession process.